[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 4-4-1994 by L.L. No. 1-1994; amended in its entirety 9-4-2012 by L.L. No.
2-2012. Subsequent amendments noted where applicable.]
A.
There
is hereby established a Zoning Board of Appeals pursuant to § 81
of the General City Law.
B.
Such
Board shall consist of seven members appointed by the Mayor.
C.
If
a vacancy shall occur other than by expiration of a term, it shall
be filled by appointment by the Mayor for the unexpired term.
D.
Any
member may be removed by the Mayor for cause and after public hearing.
E.
Members
of the Board shall hereafter be appointed for terms of seven years.
F.
The City wishes to promote and facilitate participation in land use
decisionmaking by the full membership of the Zoning Board of Appeals
to the maximum extent possible. The Mayor shall appoint two alternate
members to the Board to serve in place and stead of Board members
who are unable to attend a meeting due to recusal or absence. The
term of each alternate member shall be two years commencing on January
1 of the first year of appointment and ending on December 31 of the
second year. One of the initial terms shall be for one year so as
to effectuate a staggered sequencing of member. After initial appointments,
one member shall be appointed each year. An alternate member whose
term has expired may serve until replaced. In the event of any alternate
member position vacancy as a result of resignation, change of residency,
or removal, a new alternate member shall be appointed to serve the
remainder of the alternate member term. The Chairperson of the Zoning
Board of Appeals may designate an alternate member to substitute for
any member who is unable to participate due to recusal or absence.
Such designation shall be entered into the minutes of the initial
Board meeting at which the substitution is made. When so designated,
the alternate member(s) shall possess all the powers and responsibilities
of such member of the Board. All provisions of law relating to Board
member training and continuing education, eligibility, vacancy in
office, removal, compatibility of office and service on other boards
shall also apply to alternate members. These provisions are specifically
intended to supersede the provisions of New York General City Law
§ 81, Subdivision 11, which limits substitution of alternate
members of city zoning boards of appeals only in instances of conflicts
of interest.
[Amended 3-18-2014 by L.L. No. 1-2014]
No member of the Zoning Board of Appeals shall be eligible for
membership on the City's Planning Board.
The officers of the Board shall consist of a Chairperson, Vice
Chairperson and Secretary who are elected by the Board at its annual
meeting. The term of office will be for one year. If a vacancy shall
occur other than by the expiration of a term, the Board will hold
a special election to fill the office until the next annual meeting.
The Zoning Board of Appeals shall have and exercise the powers
and duties as follows:
A.
To
review, approve, approve with conditions or deny applications for
interpretations, area variances and use variances as required by § 240-8.0.
B.
To
prepare recommendations to the City Council for changes to the Zoning
Ordinance and districts, but any changes in or exemption from such
plan after adoption shall be made solely by the City Council.
C.
To
make referrals for advisory opinions on any matter before the Board
to the City Council, the Planning Board, the Design Review Commission,
the Recreation Commission and any other body, agency or department
in the City.
D.
To
advertise and hold public hearings in accordance with 240-8.0 of the
Zoning Ordinance, when it requires or desires. The minimum requirement
shall be that notice of hearings shall be advertised at least three
times in the official newspaper or in a newspaper of general circulation
in the City at least five days before such hearing but not more than
20 days. The public hearing requirement of specific ordinances must
be met as set forth.
E.
To
submit its annual budget to the Mayor. All appropriations must be
approved by the City Council.
F.
To
make necessary and proper expenditures, not exceeding in amount the
appropriation that may be made for such Board by the City Council.
G.
To
employ experts, staff and/or legal counsel and to pay for their services
and such other expenses as may be necessary, not exceeding in all
the appropriation that may be made for such Board by the City Council.
H.
To
adopt rules and regulations in respect to procedure before it and
in respect to any subject matter over which it has jurisdiction under
this chapter, after public hearing by the Zoning Board of Appeals
and subject to the approval of the City Council. The City Council
shall move to approve, reject or modify the same within 30 days after
submission. Failure of the City Council to so move shall be construed
to constitute approval of such rules and regulations.
I.
To
exercise all other powers conferred upon it by the City Council.
The City Council, City departments or officers having final jurisdiction over any matter set forth in § 51-4 of this chapter may refer such matter to the Zoning Board of Appeals for a report, but if such Board shall not have made its final report thereon within 30 days from the date of reference thereto, the authority having final jurisdiction may proceed to final action. This section shall not be construed to prevent the City Council from granting, in any specific case, such longer period as it may fix within which said Board may make its final report.
